settlement until improved, and can only be rendered. suitable by the expenditure of large sums in the improvement thereof. The area must not exceed 20,480 acres, nor the term 28 years; and the rental is determined by a bid made at public auction, or by tender. The conditions vary according to circumstances, but must contain covenants for the improvement of the land, and the expenditure of money thereon (h). (9). Leases of inferior lands (i) for terms not exceeding 20 years, extendible on application to 28 years; (10) of snow lands, in areas not exceeding 10,240 acres (j), for term of seven years with option of further 3 years; and of land for (11) irrigation or tramway purposes (k); do not call for further remark. Neither do (12) Residential leases (1) of areas not exceeding 20 acres within gold and mineral fields to any holder of a miner's right, and for term of not more than 15 years. (13. )An Artesian Well Lease is one granted to an occupation licensee or annual lessee who has bored for and found water on the land, and is intended to protect him in his discovery (m). The term must not exceed the unexpired term of the current pastoral lease, nor the area be more than 10,240 acres. Not more than one such block can be leased out of each 64,000 acres, nor more than three such areas in respect of one and the same occupation licence. (14) A Special Lease may be of land situate under the sea, or under the waters of any harbour, bay, lake, river, creek, estuary, or navigable stream, for the erection of wharfs, jetties, piers or floating-docks, provided that such structures will not interfere with navigation, (h) 58 Vic. No. 18, s. 26. (i) 53 Vic. No. 21, s. 37. (j) s. 36. (k) 48 Vic. No. 18, s. 92. сс (1) 53 Vic. No. 21, s. 48; 58 Vic. No. 18, s. 50. (m)53 Vic. No. 21, s. 45. When or with the rights of the adjoining proprietors. any such land fronts any land held in fee simple, no such lease of it can be made except to the proprietor of the fee simple or with his consent (n). A lease may also be had in areas not exceeding 320 acres for any of the special purposes enumerated in the Crown Lands Act of 1884 (0), or any other purpose which may be proclaimed in the Gazette to be a purpose within the Act. The Governor may annex to any special lease such conditions as he may think fit, and the term of it may not exceed 28 years (p). 4. Disqualified persons. These are as follows:— (1). Minors. No minor can accept or hold any lease or license under the Crown Lands Acts, except that one not less than sixteen may hold a conditional lease (9), and may, if not a female, be a homestead lessee (r). Minors holding leases by virtue of these exceptions are subject to the same liabilities, and have the same rights in respect of agreements entered into by them in regard to their lease as if of full age (s). (2). Married women. Such can hold a lease or licence only as separate estate (t). This disability will not, however, attach to a wife living apart from her husband under an order for judicial separation, who acquires the lease out of money belonging to her for her separate use; or to a wife upon whom the lease has devolved under the will or intestacy of a deceased holder (u), or who is acting as administratrix (v). (3). Aliens. A person who is not a natural-born, or naturalised subject is disqualified from applying for a (n) 48 Vic. No. 18, s. 89. As to the port of Sydney, see Act No. 1. 1901, s. 56. (0) s. 90. (p) 58 Vic. No. 18, s. 46. (q) 48 Vic. No. 18, s. 124. (r) 53 Vic. No. 21, s. 34- (t) 48 Vic. No. 18, s. 124. settlement lease, unless he has resided for one year in New South Wales, and has lodged a declaration of his intention to become naturalised (w). (4). Persons specially disqualified. Those who already hold or have held the maximum area permitted for a settlement or a homestead lease are disqualified from applying for a settlement lease (x), and so are those who, having obtained a title to one of the class of holdings in which good faith is required in the applicant, have abandoned or surrendered the holding, and have not obtained a certificate as to adverse circumstances (y). Also, a non-residential conditional purchaser cannot apply for a conditional lease (e). II. Leases under the Mining Acts. The general object of these Acts is to provide for leases of land by the Crown for mining purposes. They may be divided into two classes, viz. :-those which relate to Crown lands, and those which relate to private lands. In regard to the latter, however, it may be well to point out that they do not intefere with the right of private persons to the minerals which belong to them under the Grant from the Crown, but are intended to provide means for recovering from land held by private persons the minerals therein which belong to the Crown. 1. Leases of Crown Lands. The principal Act in reference to these is the Mining Act of 1874 (a), by which provision is made for the appointment by the Governor alone of a responsible Minister to be known as the Secretary for Mines, and to be the executive head of the Department of Mines (b). New South Wales is for the purposes of the Act divided into "Mining (w) 58 Vic. No. 18, s. 41. (x) ss. 40, 41. (y) 58 Vic. No. 18, s. 40. (z) 48 Vic. No. 18, s. 48. (a) 37 Vic. No. 13. This act very closely resembles the Vic torian Act 29 Vic, No. 291 (b) is. 7. Districts," eight of which are constituted by the Act, with power to the Governor to establish others (c), and to proclaim Crown Lands to be Gold Fields (d). Officers called Wardens are appointed for New South Wales, or for the various Mining Districts, and also their necessary subordinates (e). Courts which are styled "Wardens' Courts" are also provided for, to be presided over by the Warden (f) These are Courts of Record, but are limited in their jurisdiction to matters connected with mining and to disputes between miners (g). They have important functions in connection with the granting of leases. The various interests which can be acquired under this Act are known severally as "claim," "residence area," "business licence," "mineral claim," and lease. Concerning each of them it is expressly provided that it shall be deemed and taken in law to be a chattel interest (h). (1). Claim. A "claim" is a portion of Crown Land which any person or number of persons have lawfully taken possession of, and are entitled to occupy for the purpose of mining thereon for gold. It also includes any number of such portions lawfully amalgamated by the holders (i). But land which has been dedicated to any public purpose, or is under lease for other than pastoral purposes, or has been granted or contracted to be granted in fee cannot be so occupied (j). Whoever would acquire a claim must be the holder of a "miner's right," ie., a document issued by the Governor, and showing that the holder has a right to avail himself of (c) s. 9. (d) s. 10. (e) s. 12. (f) s. 67. (g) s. 69; Duncan v. Fullerton, 14 N.S.W.R. 308; Exp. Pye, 18 N.S.W.R. 272. () 37 Vic. No. 13, s. 2. the mining laws (k); and the claim can be retained only during the continuance of this right (1). It must, unless where it is a block claim in new ground, be registered within one month after the right of occupation or possession first accrued, and also after the devolution thereof by process or operation of law (m). It seems that the interest of a holder in his claim is at the utmost an estate at will (n). But while in possession he is at liberty to mine in and reside upon the land; to cut, construct and use water-races, dams, and reservoirs through and upon any Crown Lands; to take or divert water, either still or flowing; to exercise rights in the nature of easements; to erect buildings; and otherwise enjoy the land as set out fully in the act (o). He may also, on application, obtain the conversion of his claim into a lease (p). The interest in a claim may be transferred or encumbered, but the transferee or mortgagee must be the holder of a "miner's right;" not necessarily at the time of making the contract, but certainly at the time of completing it. The claimholder may transfer his "right" along with his claim (q). He may also divide his interest into such and so many shares as he may think proper, and allot them to any person or persons, including married women (r), and infants. These shares are also assignable (s), but a contract by an infant to sell his share will not be enforced (t). (2). Residence Area. A "residence area" is a portion, not exceeding one quarter of an acre, of Crown (k) s. 14; Bourke v. Wright, 3 N.S.W.R. 145. (1) s. 15. (m) s. 16. (n) Jennings v. Kinsella, 1 W.W. & a'B. (L), 47. (0) 37 Vic. No. 13, s. 15. (p) s. 38. (q) s. 17; Barclay v. Neeld, 11 W.N. 9. (r) Rue v. Harris, 3 N.S.W.R. 148. (8) 37 Vic. No. 13, s. 17. (t) Dillon v. Wood, 2 N.S.W.R. 298. |